Anyone can file a mechanic’s lien by filling out a form and delivering it to the recorder’s office. Recorders are required to record all liens presented to it, without making any decision about whether the lien is valid or not, or whether the construction work was done to your satisfaction. In fact, someone could theorically file a mechanics lien against property without having any connection with it whatsoever. There’s nothing to stop the filing.
In recognition of this problem, each state has a procedure for property owners, prime contractors, lenders or other interested parties to challenge the validity of a mechanics lien.
This lien dispute / lien challenge procedure is designed to be simple and fast. Unlike a normal litigation situation which may go on for years before a trial date is set, lien dispute proceedings are typically tried within 20-45 days.Wolfe Law Group can help you in these lien challenge proceedings for one flat fee. The fee includes litigating your lien challenge claim from start to finish, including advise to you along the way, filing the complaint, filing any necessary memoranda, and appearing in court on your behalf to argue the case.
Lien laws are technical and complex, and there are a number of reasons why a mechanic’s lien may be invalid. In fact, a large percentage of liens filed make some type of filing mistake that could invalidate the entire instrument. If you think the lien filed against your property or project is illegal or invalid, filing a lien dispute challenge is exactly the way you should proceed to avoid paying a debt you don’t owe.